Any more questions?
"*" indicates required fields
570 Yonkers Ave | Yonkers, New York 10704
Direct access from street level. ADA Accessible bathrooms on premises.
Tel: (914) 965-1011 | Fax: (914) 965-0019 | e-mail: jdibbini@dibbinilaw.com
Now Serving These Locations:
Yonkers | Bronx
© James G. Dibbini & Associates, P.C.
This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome. Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire, by phone at (914) 965-1011.
Landlords and Real Estate Professionals Beware! New York State Has Implemented a New Undercover Anti-Discrimination Program Targeting You.
UncategorizedOn February 14, 2016, Governor Cuomo announced a new initiative aimed at “rooting out” housing discrimination. The program, known as the Fair Housing Enforcement Program, will seek to identify and prosecute landlords, real estate brokers and other real estate professionals for acts of discrimination based on race, disability and disability accommodation, and other protected classes. The program will focus on rental homes and apartments as well as real estate and cooperative apartment transactions.
The Fair Housing Enforcement Program will seek to identify acts of discrimination under the federal Fair Housing Act and New York State Human Rights Act, which both prohibit housing discrimination based on race disability, national origin and numerous other grounds. If it is determined that a landlord, broker or other real estate professional may have discriminated, then, under the program, the government agencies will seek to investigate and prosecute wrongdoers.
The program will use undercover trained “testers” who present diverse racial, gender, economic and other backgrounds and pose as renters or home buyers to test for discriminatory bias. Multiple testers will present similar income and career profiles to landlords and brokers to see if the treatment of one race, gender or group is different from that of another. The Governor’s website discussing the initiative* states that these “fair housing testers” will come from “three fair housing agencies[.]” Upon a review of the websites of these organizations, the term “agency” appears to be misleading. These organizations appear to be non-profit advocacy organizations tasked to combat discrimination in housing. Although the work these organizations do is important and necessary, these organizations have lengthy histories in their communities and many have questioned whether these organizations can be unbiased or should be tasked with the responsibility of assisting and documenting situations which may lead to prosecution of alleged wrongdoers.
The sanctions for violations of housing discrimination laws vary and range from government fines to rent abatements and rent payment reductions to lawsuits for money damages. Additionally, brokers who are found to have discriminated run the risk of being stripped of their broker’s license.
In Gov. Cuomo’s February 14 announcement of the new undercover program, the Governor also highlighted other anti-discrimination related issues. First, the governor unveiled plans to have several state agencies promulgate new regulation broadening and clarifying discrimination “against individuals because of their relationship or association with members of a protected class.” In short, this would make it easier for a victim to allege and prove discrimination against landlords and real estate professionals for discriminating against someone because that person is “associated” (friend, family member, co-worker, etc.) with a person that is a member of a protected group. The governor also touted recent settlement of 123 discrimination cases which resulted in numerous rent abatements, rent reductions and fines against alleged wrongdoers.
It is clear that the governor is ratcheting up antidiscrimination activities by the administration, especially related to housing. All landlords and real estate professionals should be aware of these changes and know what actions and statements are acceptable, and which are illegal actions and questions to ask potential candidates, in order to protect themselves. In order to maintain compliance with the new initiative and regulations to come, you must be trained in the relevant law in order to avoid investigations, prosecution or suits. Failure to anticipate these changes could result in financial sanctions and could threaten professional licenses even if perceived bias is unintentionally. For help with training or preparing for these changes, to ask any questions or obtain legal representation against discrimination actions contact James G. Dibbini & Associates, P.C. at 914-965-1011 or visit our website at www.dibbinilaw.com.
Service Dogs: Breach of Leases, Tenants’ Rights, and Landlords’ Potential Liability
UncategorizedOne issue our landlord clients frequently raise is that of dogs and under what circumstances a tenant can be allowed to keep a dog in their apartment in violation of terms of their lease. This topic invokes important Federal, State, and County law*, such as the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) and the New York Human Rights Law. A landlord’s compliance with provisions regarding so-called “service animals” is crucial as failing to do so can open a landlord or management company to claims of discrimination and expensive, unnecessary litigation.
Lease clauses prohibiting pets in apartments have consistently been held to be enforceable by New York courts and it is well established that such terms are useful to landlords and building management. Pets, especially dogs can cause damage to property through shedding; scratching; and through owners’ failure to properly dispose of their dog’s excrement and urine. Dogs with violent propensities can also threaten the safety and well-being of other tenants by biting, scratching, or jumping, and can create a nuisance through loud and annoying barking.
New York and Federal law are, however, permissive in allowing certain tenants to have service dogs in an apartment despite lease terms to the contrary, so long as the tenant meets certain criteria. The law in this area views the service animal issue through the lens disability rights and landlords’ responsibility to provide “reasonable accommodations” to individuals with disabilities. Consequently, compliance with the service animal laws is strictly enforced and failure to comply—intentional or not—could result in government fines and/or being sued for disability discrimination.
For a tenant to be entitled to have a service dog in the home the tenant must suffer from a disability, have a dog that is trained to provide service, and that service must be related to the person’s disability. There are also additional protections for individuals who train service dogs. One of the main issues landlord’s face is when they suspect that a person does not in fact have a disability or that the dog is not in fact a “service animal.” Unfortunately, for landlords in this situation, the questions they can ask and inquiry they can make is extremely limited and landlords must be very cautious so as not to violate anti-discrimination laws.
When a tenant alleges that they have a service dog because of a disability and that person’s alleged disability is not apparent, a landlord may only ask two specific and narrow questions to determine a service dog’s eligibility: 1) whether the dog is required because of a disability; and 2) what work or task the dog has been trained to perform. Whether the tenant is being truthful or not, if the tenant answer these questions such that it invokes disability discrimination protections, the landlord must immediately stop asking question or face liability.
It is important to mention that a landlord may not ask for documentation of the disability or even for specifics as to what the disability is, may not require documentation to prove the dog’s training, and may not request the dog demonstrate its ability to perform the work for which it is trained. Such questions and requirements could be determined to be direct violations of disability discrimination laws.
A tenant who adequately answers the questions cannot be charged an additional fee for having the service animal, nor can they be treated any differently from tenants who do not have service animals. However, a landlord may require a tenant to pay for damages caused by their service animal if such is specified in the lease. A landlord may only ask a tenant possessing a service animal to remove it from the property if the dog is out of control, such as biting, or if the dog is not housebroken.
In certain circumstances it is possible to require and obtain additional information regarding a purported service animal, but landlords should be cautious when requesting such follow-up information and should do so through someone knowledgeable in the area. If you have any questions, would like further clarification or have an issue with a tenant keeping an unauthorized pet in their apartment, contact James G. Dibbini & Associates, P.C. at 914-965-1011 or visit our website at dibbinilaw.com.
Increase in Rent Deregulation Threshold for 2016
As of January 1, 2016, the rent deregulation threshold was raised from $2,500 to $2,700 pursuant to the Rent Act of 2015. This means that a rent stabilized or rent controlled apartment can be deregulated, and therefore no longer subject to the Division of Housing and Community Renewal (DHCR), if it is vacated and the rent or increased rent from the vacancy is $2,700 or higher.
Additionally, an apartment can be deregulated without a vacancy if rent is equal to or exceeds $2,700 and if the tenant’s total annual income for the two preceding years exceeds $200,000. The tenant’s income is self-reported through Income Certification Forms (ICFs). The threshold of $2,700 only applies to apartments in New York City; the threshold is $2,733.75 for Nassau and Rockland Counties and $2,747.25 or $2,737.80 in Westchester County, the lesser if the tenant pays for heat or hot water.
* The Counties that make up New York City as well as Westchester County and others have separate and distinct dog laws pertaining only to their geographic areas. This issue will be explored in a future newsletter.
If you have any questions about rent deregulation, would like to speak to an attorney about ways to have an apartment deregulated, or have an issue with DHCR registration or Fair Market Rent Appeals by tenants, contact James G. Dibbini & Associates, P.C. at 914-965-1011 or visit our website at dibbinilaw.com.
What Landlords and Tenants Should Know About Disabilities and “Reasonable Accommodations”
UncategorizedYou are a landlord and a disabled tenant has requested modifications/renovations to the apartment and/or building to accommodate their disability. What is your duty to the disabled tenant? You are a tenant and are or have recently become disabled. What can you ask your landlord to do to accommodate you?
Applicable Human Rights Laws
Tenants with disabilities are protected against housing discrimination on the basis of mental or physical disability by various federal, state and local laws. At the federal level, there is the Fair Housing Act and the American with Disabilities Act. New York State has its own Human Rights Law and within New York State, there are local laws, such as the New York City Administrative Code and the Westchester County Human Rights Law.
The laws mentioned above specifically address a landlord’s responsibility to a disabled tenant who has requested an accommodation. The general rule is that landlords have a duty to do all they can to reasonably accommodate a disabled tenant, but are not required to make changes that would create an undue financial and administrative burden.
What is a reasonable accommodation?
Reasonable accommodations are changes in rules, policies, practices, or services, or structural modifications, made to allow disabled tenants the equal opportunity to fully enjoy and use the dwelling or common space. Reasonable accommodations fall into two categories: (1) structural modifications; and (2) policy/rule modifications.
As a landlord, you must allow a disabled tenant to make structural modifications to the residence as a reasonable accommodation. Structural modifications to the interior of the residence are completed at the expense of the tenant. Landlords may also request, as conditions to the modification, all work be completed in a workmanlike manner by a licensed, fully insured, contractor and the tenant restore the residence to the condition it was in prior to the modification, reasonable wear and tear excepted. In fact, in some circumstances, landlords may even require an escrow be posted by the tenant to ensure the residence will be restored when the tenant moves. Some examples of structural modifications are: installing grab bars in the bath/shower area to allow easier and safer access; and widening doorways inside the apartment to accommodate a wheelchair.
Rights and duties to requests for structural modifications to common areas are more of a grey area. Who pays for it and whether it is reasonable depends on the applicable law and the type of housing. For example, in New York City, a landlord may be required to install and pay for a ramp at an entrance with steps or modify an entryway to allow for ease of access for all residents. However, to determine whether the landlord is required to install at landlord’s expenses, considerations include whether: there would be undue burden on the landlord; the modification would require extensive reconfiguration and/or renovation; or the modification is architecturally impracticable.
Disabled tenants also have the right to reasonable modification of the landlord’s policies and/or rules so long as the change in policies/rules do not create an undue financial and administrative burden. Examples of rule/policy modifications are: waiving a “no pet” policy where a tenant requests to keep an emotional support animal, guide dog, or hearing dog; accepting a reference from an employer or social worker during the application process if a tenant does not have a recent rent history because of a psychiatric hospitalization; and permitting a tenant’s health service provider to reside with the tenant.
Landlords must be extremely cautious when addressing a disabled tenant’s request for reasonable accommodation as failing to adequately respond or responding with improper questions or conduct could be a violation of applicable human rights laws resulting in liability such as investigations, filings, and/or suits for disability discrimination. Tenants with disabilities who need accommodations should notify their landlord in writing and, likewise, the landlord should formally respond in writing. It is important that landlords and tenants keep good records.
The laws related to reasonable accommodations have become increasingly complex and are litigated frequently and extensively in the courts. Practicing landlord-tenant law for over 20 years, James G. Dibbini & Associates, P.C. has the experience and knowledge to navigate you through the complicated and overwhelming wealth of laws, cases and information on reasonable accommodations and other landlord-tenant related matters. If you have any questions about reasonable accommodations, you recently received a request for reasonable accommodation, or you are being sued for disability discrimination, let us help you. Give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to schedule a consultation.
This James G. Dibbini & Associates, P.C. Newsletter is a publication of James G. Dibbini & Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This newsletter offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments. Prior results do not guarantee a similar out- come. This publication may contain attorney advertising.
Commercial Leasing D.D.I.Y. (Don’t Do It Yourself)
UncategorizedIn today’s internet age, there are legal Do-It-Yourself guides and websites everywhere. However, when it comes to commercial real estate leasing, don’t do it yourself. Renting commercial space is a big responsibility. While there are commercial lease forms everywhere, commercial leases should be tailored to meet the individual’s needs. As such, there should be more negotiation between the landlord and the tenant. Ultimately, trying to “do it yourself” could cost you more than you bargained for.
There are different types of commercial leases, with each containing numerous terms and conditions and specifically customized for different types of properties (retail lease, store lease, office lease and industrial lease). In this newsletter, we will provide a broad overview of commercial leases.
What is a commercial lease?
A commercial lease is a contract between a landlord and tenant that lays out the parties’ rights and responsibilities, as well as the property being leased and what it is being leased for. Each commercial lease is complex and contains many terms that address the various rights and obligations of the landlord and the tenant. Some of the major terms found in a commercial leases are the following:
Considerations before signing a lease
As a tenant, the type of business will dictate the type of property being rented: a restaurant/café will require a retail store front space; a metal fabrication shop will require industrial space; an investment firm or tech start-up will require office space. Regardless of the type of space being rented, consider whether the property will meet the needs of the business, the property will support future growth of the business, and that the specific use is allowed under local zoning laws. For a landlord, make sure the obligations are on the tenant.
Common important terms of a commercial lease
a. The length and cost of a lease:
All commercial leases set forth the length of the lease, how much rent will be paid, what additional rent the tenant is responsible for, and the amount of security to be held by the landlord. When considering the bottom line (what is the total monthly cost for the commercial space), one should look at the not only the rent being paid, but also if there are additional payments for real estate taxes, maintenance for common areas, water and/or late fees. In addition, consider if the rent will increase over the term of the lease, and if so, by how much. The tenant is also required to deposit security with the landlord and a landlord will want to make sure they get as much of a security deposit as possible.
b. The Guaranty:
Most commercial leases contain a personal guaranty and it is one of the most important components of a commercial lease. A personal guarantee is where an individual agrees to personally guarantee that the lease terms will be fulfilled. The individual signing the personal guaranty (the “guarantor”) is personally liable to the landlord for rent and other obligations of the tenant in the event the tenant fails to comply with the lease. There are different types of guaranties. Signing a personal guaranty could have dire consequences for the guarantor – personal home could be at risk and bank accounts and assets could be frozen. On the other hand, a guaranty is good for a landlord because it allows the landlord to look beyond the limited liability of a corporation or LLC in the event the tenant defaults. In either circumstances, a personal guaranty should not be signed without consulting with an attorney.
c. Use and zoning:
The type of use permitted at the property is also important. Both the landlord and the tenant should ensure that the proposed use of the commercial real estate is allowed under applicable law and regulations. The building’s certificate of occupancy, along with local zoning regulations will determine what uses are permitted. Before even signing a lease, it is recommended that the proposed use be discussed with a local attorney to determine whether a specific use is permitted, and if not, how the use may be changed. The lease should also address who will be responsible for making such changes.
d. Alterations:
Typically, the commercial space may need complete renovation or a build out to suit the tenant’s needs. Prior to signing the lease, the landlord and the tenant should agree to the work that is to be completed so all parties are on the same page as to what work is to be completed and you decrease the chance for a dispute to arise. Both the landlord and the tenant should also agree to the amount of time needed to hire an architect, plan the build out, obtain permits, complete the build out, and get final approvals from the building department.
We are here to help
Whether you are a landlord or a tenant, commercial leases include liabilities, risks and obligations. The terms discussed above are just a few of many terms that appear in a commercial lease. A commercial lease is a voluminous and complex legal contract that should be drafted and/or reviewed by an attorney. It is important that you invest the time and resources up front to ensure that you are adequately protected. Therefore, it is critical that you have legal representation. We will work with you to understand your needs and goals, and so that you fully understand your rights, responsibilities and obligations under the commercial lease. We will negotiate the terms and will work with the other side in finalizing the lease to ensure you obtain the most fair and favorable terms, and the commercial lease is clear so as to prevent disputes.
Practicing real estate, both commercial and residential, for over 20 years, James G. Dibbini & Associates, P.C. has the experience, knowledge, and know-how to navigate you through the complicated and overwhelming process of negotiating and executing a commercial real estate lease. If you need representation for a commercial lease, or you have any questions regarding a commercial lease, let us help you. Give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to schedule a consultation.
This James G. Dibbini & Associates, P.C. Newsletter is a publication of James G. Dibbini & Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This newsletter offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments. Prior results do not guarantee a similar out- come. This publication may contain attorney advertising.
Get The Lead Out: Lead Paint Issues for Landlords
UncategorizedThough the use of lead paint was banned in 1978, apartments throughout New York State continue to contain lead paint. Landlords especially should be aware of the dangers of lead paint, what they can do to avoid a lawsuit, and what to do if they are sued.
The Dangers of Lead Paint:
Lead paint is dangerous because it can cause lead poisoning, a serious disease caused by swallowing or breathing lead. Pregnant women and children under the age of six are the most at risk for lead poisoning. In the United States, one in every six children has toxic levels of lead in their bodies. Lead poisoning can lead to slow growth and development, damage to hearing and speech, and learning/attention issues. Most lead poisoning happens at home.
Lead paint claims can be expensive, with damages potentially reaching hundreds of thousands, if not millions, of dollars per claim. Additionally, tenants may withhold rent payments until the lead paint has been removed or covered, citing a decrease in services, and may eventually ask the Housing Court for a rent abatement.
The Law:
The law requires landlords to take special care to protect their tenants from lead poisoning.
Federal law requires landlords to disclose the presence of known lead paint to tenants, and provide an approved pamphlet about how to protect against lead exposure.
New York State requires landlords to maintain their property free from conditions endangering or detrimental to life, health or safety. However, New York State does not require Landlords to test for lead paint.
In New York City, according to Local Law 1 of 2004, Landlords are required to test for lead paint annually if the building was built before 1960, or a child under the age of six (6) lives in the apartment.
Prevention is key:
The best way to prevent a lead paint-based claim is to determine if lead is present in the apartment. If the apartment was built before 1978, have the apartment inspected by a licensed lead inspector.
The presence of lead paint does not, by itself, pose an immediate health risk. If lead paint is present, but not peeling, flaking or chipping, your expert may advise you to leave it alone. Pay close attention to walls, windows and door frames for signs of wear or chipping paint. These are areas where children are most likely to be exposed to lead in the home, and your expert may advise you to have the lead paint properly removed.
You should check your insurance coverage to ensure you have coverage for lead paint claims.
What to do if you are sued:
If you are named in a lawsuit involving alleged lead poisoning, you should contact both your insurance carrier and your attorney immediately. In the event that you have coverage under your insurance policy, you may be entitled to representation.
However, if your insurance company denies coverage for a lead poisoning claim or defense, contact our office immediately. Our experienced attorneys will guide you through the process of defending your case.
October 2016 Newsletter
James G. Dibbini & Associates, P.C., collectively, has over 20 years of civil litigation experience. If you want have any questions about legal issues regarding lead paint, give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to schedule a consultation
JGD & Associates, P.C. Raises Over $2,700 for Local Children’s Hospital
UncategorizedOn Thursday, July 16, 2015 James G. Dibbini & Associates, P.C.’s 20 member team participated in the Corporate Fun Run Westchester 5K at SUNY Purchase to benefit the Blythdale Children’s Hospital.
In addition to participating in the 5K, JGD & Associates, P.C. raised over $2,700 for the local children’s hospital.
The firm and our friends and family had a great time at the event and was so happy to have raised a wonderful donation for the hospital. Thank you to all of our friends and family for their generous donations!
To view more pictures from the race, click the following link: http://www.evictionrealestatelaw.com/community-outreach.html
To All Westchester Property Owners and Landlords: Westchester Rent Guidelines Board Approves Rent Increases
UncategorizedStarting October 1, 2015, property owners of rent-stabilized apartments in Westchester County will be able to increase their legal rents. The Westchester County Rent Guidelines Board approved an increase for one year leases from 1.5% to 1.75% and an increase for two year leases from 2.5% to 2.75%. For units where heat and hot water are not included, the owner rates are 1.4% for a one year lease term and 2.2% for a two year lease term. The vacancy increase will remain 20% for two year vacancy leases and 19% for one year vacancy leases.
Westchester County has more than 25,000 rent stabilized apartment units with the majority of these units located in Yonkers, Mount Vernon and New Rochelle. These communities along with 15 other municipalities in Westchester County have adopted the Emergency Tenant Protection Act of 1974 (ETPA) and are subject to the rent adjustments by the Westchester County Rent Guidelines Board. The following municipalities subject to the ETPA in Westchester are: Croton, Dobbs Ferry, Eastchester, Greenburgh, Harrison, Hastings, Irvington, Larchmont, Mamaroneck Town, Mount Kisco, Mount Vernon, New Rochelle, Pleasantville, Port Chester, Sleepy Hollow, Tarrytown, White Plains, and Yonkers.
Property owners of rent-stabilized buildings are required to submit rent registrations each year to the Division of Housing and Community Renewal and these registrations include the current rent and the rental increase. If property owners charge more than the legal rent, they can be subject to serious and costly penalties.
Collectively, the attorneys at James G. Dibbini & Associates, P.C. have over 20 years of experience helping property owners and landlords understand their rights under the ETPA, increase their legal rents and ultimately destabilize their apartment units so they are no longer subject to these rent increase rates. To learn more about whether these rent increases apply to your apartment buildings or if you have any questions regarding rent stabilization, give us a call at 914-965-1011 to set up a consultation.
This James G. Dibbini & Associates, P.C. Blog post is a publication of James G. Dibbini & Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This blog post offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments. Prior results do not guarantee a similar outcome. This publication may contain attorney advertising.
Ways to Stop Paying for Private Mortgage Insurance
UncategorizedAre you wasting money on Private Mortgage Insurance? Private Mortgage Insurance (PMI) protects lenders against loss if a borrower defaults. You are most likely paying for PMI if your mortgage on your home was 80% or more of the purchase price. The cost of PMI is added to your monthly mortgage payment and costs about .25% to 2% of your loan balance per year which can be a significant amount of money. However, you don’t have to pay for PMI forever. The Homeowners Protection Act of 1998, which applies to new mortgages originating on or after July 29th 1999, states three ways PMI can be canceled or terminated. Please note that the following do not apply if you are behind on any mortgage payments:
(1) Borrower Cancellation
You can send a written request to your lender if your mortgage has reached 80% of your home’s current value. This can happen in the following ways.
(a) Pay the mortgage down to 80% of the original purchase price and your home has not decreased in value.
(b) There is a sufficient increase in home value. You can cancel PMI if the increase is sufficient to reduce the mortgage to 80% or less of the current value of your home. An increase in value can be the result of home improvements or a natural rise of home prices in your area.
(2) Automatic Termination
Even if you do not request cancellation, your lender must terminate PMI when you pay down the mortgage to 78% of the original purchase price. Here, home value is based solely on the original purchase price. Thus, your lender must terminate PMI even if your home has decreased in value.
(3) Final PMI Termination
Your lender must terminate PMI when you have reached the midpoint in the repayment schedule of your loan. For example, on a typical 30 year loan, if a borrower has paid all mortgage payments through 15 years, the lender must terminate PMI.
Please note that if your loan is guaranteed by the Federal Housing Administration or Department of Veterans Affairs, these rules generally won’t apply. If you have questions about mortgage insurance on an FHA or VA loan, you should contact your servicer.
James G. Dibbini & Associates, P.C. has over 20 years of experience helping homeowners protect their interests and save money. If you need help cancelling PMI, or believe it should be terminated, give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to learn more.
This James G. Dibbini & Associates, P.C. Blog post is a publication of James G. Dibbini & Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This blog post offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments. Prior results do not guarantee a similar outcome. This publication may contain attorney advertising.
Entry with Audio
News, PersonalLorem ipsum dolor sit amet, consectetuer adipiscing elit. Aenean commodo ligula eget dolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quam felis, ultricies nec, pellentesque eu, pretium quis, sem.
Read more
What Multi-Unit Property Owners Should Know About the DHCR
UncategorizedIf you are interested in buying a multi-family building located in New York City or Westchester County, specifically a building with six units or more, it is imperative that you learn more about the Division of Housing and Community Renewal (DHCR) and its requirements.
The DHCR is a state agency responsible for supervising, maintaining and developing affordable low and moderate income housing in New York. The DHCR administers housing development and community programs and regulates housing accommodations which are subject to rent control or rent stabilization under the Rent Stabilization Code (RSC), in New York City, and the Emergency Tenant Protection Act of 1974 (ETPA), in Westchester County.
Generally, the RSC applies to privately owned properties in NYC built between February 1, 1947 and December 31, 1973 which contain six units or more. It also applies to tenants in buildings built before February 1, 1947 who moved in after June 30, 1971. The ETPA applies to privately owned properties outside of NYC, including some cities and towns throughout Westchester County, built before January 1, 1974 which contains six units or more. Also, some buildings built after these dates or have less than six units may be subject to rent stabilization laws for tax abatement purposes.
Property owners of buildings subject to rent stabilization laws are required to register the rents of these units with the DHCR annually. If property owners do not register with the DHCR, they can be disqualified from applying for, charging or collecting any rent increases and could be subject to additional, significant penalties. It can also delay or prevent a sale or refinance of the property.
However, there are exceptions which can release a property owner from having to register with DHCR. For instance, an occupied apartment becomes exempt if the legally regulated rent for that apartment exceeds $2,500.00 and the tenant’s total annual income exceeds $200,000.00 for a period of two years. Further, any apartment with a monthly rent of at least $2,500.00 becomes deregulated when it becomes vacant so long as the property owner files a report of decontrol with DHCR.
Property owners can also apply to the DHCR for approval to raise the rents of rent stabilized units based on major capital improvements (MCI). Some examples of MCI items include boilers, windows, electrical rewiring, plumbing and roofs. Also, to be eligible for the MCI increase, it must be a new installation and cannot be a repair to old equipment. These improvements help increase the rent which eventually may lead to deregulation of the rental unit.
If no exceptions apply or the unit is not deregulated, a property owner must file registrations with the DHCR by completing and mailing Annual Registration Summary (Form RR-2S), as well as an Annual Apartment Registration Form (Form RR-2A) for each rental unit, prior to July 31st of each year. Also, all vacancy and renewal leases for apartments dated October 1, 2014 and later must include a lease rider or addenda, depending on where the property is located, with all registrations. The rider form for rent stabilized apartments in New York City is named RA-LR1 and can be found by clicking on the following link: http://www.nyshcr.org/Forms/Rent/ralr1.pdf. The addenda form for rent stabilized apartments in Westchester County is named RA-LR1 (ETPA) and can be found by clicking on the following link: http:// www.nyshcr.org/Forms/Rent/ralr1-ETPA.pdf.
As stated above, failure to file registration statements can prevent or substantially delay the sale or refinance of a property. Potential purchasers of rental properties generally and justifiably request to see DHCR registrations for the previous four-year period before entering into a contract of sale. Potential purchasers want to make sure the rent being charged is legal; they do not want to buy a property that may be subject to lawsuits by tenants who file rent overcharge complaints. Further, lenders generally refuse to provide financing to Purchasers if DHCR records are not available because of owner’s failure to file the required registrations. Thus, it is in the best interest of the owner of rent stabilized property to file the DHCR registrations annually.
James G. Dibbini & Associates, P.C. has extensive experience in DHCR matters and can assist you with all DHCR matters, including annual registrations, defending against tenant complaints for loss of services or rent overcharge and completion of applications for exemption based on major improvements to the property. Do not expose your company or yourself to rent overcharge claims or a roll-back of tenants’ rents. Call or email us today for more information on how to get in compliance with DHCR.
Municipalities subject to the ETPA in Westchester County: Croton, Dobbs Ferry, Eastchester, Greenburgh, Harrison, Hastings, Irvington, Larchmont, Town of Mamaroneck, Mount Kisco, Mount Vernon, New Rochelle, Pleasantville , Port Chester, Sleepy Hollow, Tarrytown, White Plains and Yonkers.
Can You Get Rid of your Co-op Neighbor if He/She is a Criminal?
UncategorizedThe New York Times’ Ask Real Estate column answered the question from a concerned co-op resident who wants to get rid of his/her neighbor because he defrauded the government of more than $150,000 in a 9/11 scheme. Despite the neighbor’s cold-hearted acts, unfortunately, the co-op is stuck with this loser.
To read the full article, click HERE.
Mechanic’s Liens: Getting A Property Owner to Pay Up
UncategorizedMechanic’s liens give contractors, subcontractors, suppliers and other professionals in the business of improving real property a way to collect after doing work for, and/or providing supplies to, owners that don’t want to pay up. A mechanic’s lien is a security interest in the title to property held by an individual, or company, who has improved the property by supplying the owner with labor and/or materials. Once a mechanic’s lien is properly filed, a lienor can recover by commencing an action to foreclose on the lien which forces the owner to sell the property in order to pay the lien off.
A mechanic’s lien can be an effective tool in making sure you get paid but it is crucial that you follow all applicable laws when filing the lien because if you don’t, it may be defective and it could be declared void by the Court. Also, if it is declared void after the statute of limitations is up, you cannot re-file and it may be harder to recover from the property owner.
Mechanic’s liens can be filed against property owned by the state or a public corporation, which is known as a public improvement, or property owned by an individual or entity, which is known as a private improvement.
Lienors can file a mechanic’s lien, or the “notice of lien,” anytime during the progress of the work or can file within eight months either after the contract is complete or from the date the last item of work was performed or material was supplied. However, for single family dwellings, the mechanic’s lien must be filed within four months instead of eight.
So what do you have to include in your mechanic’s lien? There are several pieces of information you need to collect before you begin drafting your lien. The following information must be included in your mechanic’s lien:
Once you have your mechanic’s lien drafted, it’s time to file it with the County Clerk’s office and serve it on the owner. The lien must be filed in the County in which the property is located. Also, it is important to call the Clerk’s office before filing to see if there are any additional fees. Another important aspect of filing the mechanic’s lien is making sure the lien is properly served on the property owner. Without proper service, the lien will be found defective. The notice of lien must be served upon the property owner within five days before, or thirty days after, filing the notice of lien. Also, once served, you are required to file proof of such service with the Clerk’s office within thirty-five days after the notice of lien is filed.
It should be noted that a mechanic’s lien lasts for only one year after it is filed unless an action is commenced to foreclose the lien. However, before the one year is up, lienors can file an extension to extend the lien for another year as long as the property is not a single family dwelling. Extensions for liens on single family dwellings can only be extended by court order.
James G. Dibbini & Associates, P.C. has over 20 years of experience helping contractors and sub-contractors protect their interests and recover from non-paying property owners either through settlement or foreclosing on the lien. If you need help filing a mechanic’s lien, give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com.
This James G. Dibbini & Associates, P.C. Blog post is a publication of James G. Dibbini & Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This blog post offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments. Prior results do not guarantee a similar outcome. This publication may contain attorney advertising.